NEW DELHI: The Supreme Court has set aside the order of Jharkhand high court that had granted bail to an accused on the ground that he had claimed innocence and had assured to cooperate in trial proceedings. The apex court has sent the case to the HC for reconsideration.
A bench of Justices C T Ravikumar and Sanjay Kumarsaid that the ground taken by the HC was erroneous in this case as the accused is allegedly involved in a serious offence of attempt to murder.”At any rate, mere claim of innocence or undertaking to participate in the trial or contention of absence of specific allegation of any overt act cannot, in such circumstances, be assigned as reasons for grant of bail in a case of serious nature,” the bench said.
“In that view of the matter, the impugned order dated January 12 passed by the high court stands set aside and the matter is remanded back to the high court for fresh consideration in accordance with law. .. We make it clear that we have not made any observation touching the merits,” the court said.